On Several Problems Of Organized Crime

Crime committed by criminal syndicate, which is considered as one of the three catastrophic crimes in the current world together with drug-trafficking and terrorism, has become a cancer of the whole civilization world, seriously threatening human beings' peaceful life with its unique characteristics of anti-society, rigorous organization and strong corruptibility. Nowadays organizations in the nature of criminal syndicate have come into being in our country, and are gradually growing mature and turning into criminal syndicate. With the number growing and the gradually developing organization degree and scale, organizations in the nature of criminal syndicate having been doing more and more damage to our society. Therefore, for the purpose of accurately and heavily crack down the crimes committed by organizations in the nature of criminal syndicate, it is of great theoretical and practical significance to thoroughly research it and analyze it from different angles upon our country' s realistic conditi on.The first part of this dissertation expatiates the characteristics of the organizations in the nature of criminal syndicate. The organizations in the nature of criminal syndicate was a new concept put forward by the Criminal Law in 1.997 for the first time, without a clear definition about its characteristics in the relevant provisions. Thereafter, the Supreme People's Court defined the characteristics of the organizations in the nature of criminal syndicate by judiciary explanation in 2000. But penal jurisprudence field and the Supreme People's Court, the Supreme People's Procuratorate disagreed on this issue. The standing committee of the National People's Congress defined it clearly through legislation in 2002. By reviewing the three times' legislation in regard to the characteristics of the organizations in the nature of criminal syndicate, this dissertation points out that the apprehension of the characteristics of the organizations in the nature of criminal syndicate should lie on two layers: the substantial characteristics and the specific ones. The substantial characteristics show its illegal controlover the society. The specific, characteristics comprise five aspects: firstly, it has tight and stable organization structure; secondly, its actions are backed by organized violence; thirdly, its economic and political benefits illegally acquired by carrying out various criminal activities; fourthly.it has considerable economic strength; fifthly, it has some certain influential scope.The second part of this dissertation analyzes several problems of joint crime existing in the crimes committed by organizations in the nature of criminal syndicate. Those involving in instigating, introducing, coercing, inveigling others to join the organizations in the nature of criminal syndicate, concerning the problem of joint crime along with those directly participating in, according to the joint crime theory, though having not been definitely prescribed as crime by our country' s law, could generally be considered joint criminals committing the crime of participating in the organizations in the nature of criminal syndicate. Any functionary of a state organ who harbors or connives the organizations in the nature of criminal syndicate, if colluding with the members of the organizations in the nature of criminal syndicate before the event, are generally considered having formed relationship of joint criminals together with those members of the organizations in the nature of criminal syndicate, rather than being treated as having committed the crime of harbors or connives the organizations in the nature of criminal syndicate. As for the relationship between the organizers, leaders and those who carry out the specific crime, the organizers or leaders have formed joint criminal relationship with those having carried out it, on condition that those participants have committed it under the suggestion, direction or assignment of the organizers or leaders. If the organizers or leaders have no intention of committing crime, or t...